JUDGMENT :

Tirthankar Ghosh, J.

1. The present revisional application has been preferred challenging the proceedings relating to Complaint Case No.C-533 of 2021 alleging offences under Sections 406/420/120B of the Indian Penal Code read with Section 34 of the West Bengal Clinical Establishment (Registration, Regulation and Transparency) Act, 2017 including the orders passed therein which is presently pending before the learned Judicial Magistrate, 2nd Court, Barasat, District-North 24 Parganas.

2. The relevant paragraphs in respect of the allegations made in the petition of complaint are as follows:

(1) “That the above named complainant is a law abiding citizen having recommendation and reputation in the society.

(2) That the accused No.1 is the Medicine Organization having its negotiated office at 261/A, 2nd floor, Bommasandra, Karnataka, 560099 and accused No.2 is the Branch of accused No.1 and accused No.2 runs under the control, guidance and management of the accused No.1 and Accused No.3, 4 and 5 are acting for or on behalf of the accused No.1 & 2 for gain.

(3) That the mother of the complainant namely Smt. Bina Sen is a senior citizen and due to emergent affairs relating to fracture in the right femur bone of the said Smt. Bina Sen, she was admitted to Narayana Multispecialty Hospital, Barasat and she was medically treated as an indoor patient from 13.02.2021 to 19.02.2021.

(4) That during treatment the relevant medical papers/documents/test reports relating to such treatment of Smt. Bina Sen were not supplied to the complainant/patient party/service recipient despite repeated requests to the concerned authority of the said Hospital, though it is incumbent on the concerned authority to supply such papers, documents, medical reports, test reports to the complainant/patient party yet. The concerned authority of the Hospital kept the complainant/patient party in the dark about the real scenario of the treatment of the said indoor patient Smt. Bina Sen.

(5) That though the said Smt. Bina Sen was discharged from the said Hospital on 19.02.2021 after making payment of the total amount of Rs.1,71,130/- by the complainant as demanded by the Hospital Authority yet, at the relevant point of time also the Hospital Authority did not supply all the relevant papers/documents/treatment sheets/medical reports/test reports relating to such patient Smt. Bina Sen and such conduct on the part of the Hospital authority raised a reasonable doubt about the veracity of the Hospital Authority in the mind of the complainant/patient party.

(6) That finding no other alternative on 20.02.2021 the complainant went to the said Hospital and met the concerned authority and asked for the relevant documents, copies of the reports, copies of the test reports/medical papers/treatment sheets which were urgently needed for further proceeding with the affairs of the treatment of the said Smt. Bina Sen. But curiously enough that firstly the Hospital Authority tried to evade the responsibility of discharging such scheduled duties and being failure in their attempts the concerned persons turned violent without having earthly reasons, some persons started to using some unparliamentary languages but as the complainant was very much stick to the legitimate claim for getting all such above mentioned papers relating to the treatment of Smt. Bina Sen, so ultimately the concerned authority of the Hospital supplied some papers/documents relating to such medical treatment of Smt. Bina Sen. Wherefrom it is evident that an endorsement was made by a concerned official on the back page of the ‘pending diagnostic reports’ dated 19.02.2021 bearing patient Id. No.-27952, Ward No.-1233 in the name of Smt. Bina Sen (Patient) that ‘HRCT Test not done’, but knowing it fully well the concerned Hospital Authority impressed upon the complainant to deposit all the charges for tests including such charge of Rs.2500/- for HRCT test and accordingly on good faith the complainant deposited all such m